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• The City agrees that the Project will be exempt from any future development <br />moratorium unless the moratorium is required solely to protect the public health and <br />safety. <br />• The City agrees that Kaiser has the right to vary the phasing of construction depending <br />upon changes in the practice of health care. <br />• The City agrees that Kaiser may use modular or temporary buildings for construction <br />or temporary medical uses prior to completion of permanent structures on the site, <br />subject to a standard site plan review. <br />• City agrees to assist Kaiser in reserving capacity for sewer and water services as <br />necessary to serve the Medical Center. <br />• City agrees that Kaiser shall have the flexibility to vary the mix between hospital, <br />medical office, retail and any other use, provided that Kaiser does not exceed the <br />vehicle trip cap established by the Traffic Section of the EIR for Buildout conditions. <br />• City and Kaiser recognize that additional project -level CEQA review will be required <br />prior to approval of the retail portion of the Project, consistent with State laws and <br />regulations. A proposal for retail development will need to fulfill all CEQA <br />requirements and receive City Council approval prior to the initiation of construction. <br />• City agrees to maintain a development team with one identified team leader <br />empowered to coordinate the City's various departments in their interaction with <br />Kaiser, and to efficiently prioritize and allocate staff time, resources and cooperation <br />and coordination with ACCMA and Caltrans to avoid undue delay. <br />Staff Analysis <br />Staff supports the terms of the Development Agreement and believes that the DA provides <br />certainty that: <br />1) development of the Project will promote the orderly planning of public improvements <br />and services, <br />2) costs are allocated to achieve maximum utilization of public and private resources in the <br />development process, and <br />3) appropriate measures to enhance and protect the environment are achieved. <br />PUBLIC OUTREACH <br />Notification of the April 22, 2010 Planning Commission hearing and the May 3, 2010 City Council <br />hearing was sent to property owners and businesses within a 500 -foot radius of the site and to all <br />homeowner associations within the City of San Leandro, the Chamber of Commerce, various public <br />agencies and members of the public that provided comments on the Draft EIR, a total of 288 <br />notices, as well as published in the local newspaper, the Daily Review. <br />Planning Commission Staff Report April 22, 2010 <br />Kaiser Permanente San Leandro Medical Center and Mixed Use Retail Development Project <br />Page 26 of 28 <br />